Faithfully Executing the Laws by Empowering Workers
Published in: Power At Work
“The President does not make laws regarding worker organizing and collective bargaining. The Constitution delegates that responsibility to Congress. In turn, Congress delegated the administration of private-sector labor law to the National Labor Relations Board. The Supreme Court subsequently built a fortress called “preemption” around the NLRB’s jurisdiction and Congress’ authority. With only limited exceptions, efforts by the states or the President to regulate within the labor relations fortress are preempted and, therefore, void.”